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Home My WebLink AboutITEM IV-G CI'TY OF * AGENDA BILL APPROVAL FORM WASHI~NGTON 'Agenda Subject: Date: Ordinance No. 6260 Se tember 8, 2009 Department: Attachments: Budget Impact: Finance Ordinance 6260, Exhibit A& Exhibit B Administrative Recommendation: ' Cit Council to a rove Ordinance No. 6260 Background Summary: ' The City of Auburn entered into an interlocal agreement among the Cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila on February 25, 2009 to jointly construction and operate a jail facility, SCORE. Ordinance number 6260 provides for finro things: 1) It amends and restates the original interlocal agreement (Exhibit A) among the Cities where Des Moines has requested to enter into a separate interlocal agreement with SCORE, Auburn, Federal Way and Renton which will provide for Des Moines to pay a host city fee for the use of the facility. This fee will be paid to Auburn, Federal Way and Renton. Des Moines will be a SCORE member city along with the others in the original agreement but will not be an owner city. 2) Provides a new interlocal agreement (Exhibit B) between Des Moines, Auburn, Federal Way, Renton and SCORE, where Des Moines will be making a capital contribution payment directly to Auburn, Federal Way and Renton which will be used as a directly credited against amounts owed by these cities. N0907-3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. Z Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Coleman Meetin Date: September 8, 2009 Item Number: AU$URN * MORE THAN YOU 1MAGINED ORDINANCE NO. 6260 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF AUBURN, WASHINGTON, AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED INTERLOCAL AGREEMENT RELATING TO THE SOUTH CORRECTIONAL ' ENTITY FACILITY; AUTHORIZING THE EXECUTION OF AN AGREEMENT AMONG THE CITIES OF RENTON, AUBURN, FEDERAL WAY, AND DES MOINES, WASHINGTON, AND ' THE SOUTH CORRECTIONAL ENTITY; AND AMENDING ORDINANCE NO. 6224 WHEREAS, the City of Auburn, Washington (the "City") is authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, pursuant to Ordinance No. 6224 adopted by the City on January 20, 2009, and chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into a SCORE Interlocal Agreement with Renton, Federal Way, Burien, Des Moines, Tukwila and SeaTac, Washington (the "Member Cities"), dated February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency known as the South Correctional Entity ("SCORE"); and WHEREAS, the purpose of SCORE is to establish and maintain a consolidated correctional facility to be located in Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to. RCW 35.21.730 through 35.21.755; and WHEREAS, pursuant to Ordinance No. 6224, the City pledged its full faith and credit toward the payment of its allocable proportion (29%) of the debt service on bonds issued by the Authority; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Ordinance No. 6260 August 14, 2009 Page 1 of 4 Agreement (the "SCORE Formation Interlocal Agreement" or "Interlocal Agreement) to reallocate the proportional share of debt service due from Renton, Auburn, Federal Way, Tukwila, SeaTac and Burien (the "Owner Cities") on bonds issued by the Authority and to designate Des Moines as the "host city"; and WHEREAS, the SCORE Formation Interlocal Agreement requires that Des Moines enter into an agreement with SCORE and the Owner Cities, as necessary, pursuant to which the City will pay a host city fee for the availability of the SCORE Facility; and WHEREAS, Des Moines has requested that the City enter into a separate host city agreement with Renton, Auburn, Federal Way, Des Moines and SCORE (the "Host City Agreement") which will provide, in part, that Des Moines pay a host city fee for the availability of the SCORE Facility as provided therein; and WHEREAS, in consideration for the payments to be made by Des Moines as provided in the Host City Interlocal Agreement, the City now desires to increase it allocable percentage of debt service on bonds issued by the Authority and to amend and restate the Original Interlocal Agreement as provided herein; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Approval of Amended and Restated SCORE Interlocal Aqreement. The City Council hereby approves the Amended and Restated SCORE Interlocal Agreement with Renton, Auburn, Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington, substantially in the form as attached hereto as Exhibit A and incorporated herein by this reference (the "SCORE Formation Interlocal Agreement" or "Interlocal Agreement"). The Mayor is hereby authorized and directed to execute the SCORE Formation Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the terms therein. The SCORE Formation Interlocal Agreement may be further amended from time to time as provided therein. Section 2. Approval of Host City Aqreement. The City Council hereby approves the Host City Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity, substantially in the form as attached hereto as Exhibit B and incorporated herein by this reference (the "Host City Agreement"), pursuant to which Des Moines will pay a host city fee for its use of the SCORE Facility. The Mayor is hereby authorized and directed to execute the Host City Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional Ordinance No. 6260 August 14, 2009 Page 2 of 4 actions as may be necessary or desirable to accomplish the terms therein. The Host City Agreement may be amended from time to time as provided therein. Section 3. Amendment to Ordinance No. 6224. Section 4 of Ordinance No. 6224 is hereby amended to read as follows (additions are underscored and deletions are shown as stricken): The City shall pay its allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility not paid from other sources, which allocable portion shall be determined as provided in the Interlocal Agreement. In addition to the foregoing commitment, the City irrevocably commits to pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is equal to 2531%, to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution"). The authorization contained in this ordinance is conditioned upon the issuance of Bonds not exceeding the aggregate principal amount of $100,000,000 (not including any bonds or notes to be refunded with proceeds of such Bonds) without obtaining additional Council approval. The City recognizes that it is not obligated to pay the Capital Contribution of any other Member City; the Capital Contribution of the City shall be fimited to its 2--831 % allocable share of such obligations; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The City's obligation to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefor. The City hereby obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so 'long as any Bonds issued by the Authority remain outstanding. Section 4. Confirmation of Ordinance 6224. Ordinance No. 6224 and as amended by this amendatory ordinance is hereby ratified and confirmed. Section 5. Approval Contingent. If the Amended and Restated SCORE Interlocal Agreement and the Host City Agreement have not been executed by all parties thereto by October 1, 2009, the authority granted "under this ordinance shall expire and the amendments to ordinance No. 6224 shall be of no further force and Ordinance No. 6260 August 14, 2009 Page 3 of 4 effect unless this ordinance shall have been amended to provide for a later expiration date. Section 6. Effective Date of Ordinance. This Ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6260 August 14, 2009 Page 4 of 4